Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. On the heels of a recent court decision denying registrability of AI created work, the U.S.

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Trademark and Copyright Law Blog

FEBRUARY 7, 2024

In addition to the Oscar contenders, the majority of 2023’s highest grossing films , from Across the Spider-Verse to The Super Mario Bros Movie , were based on preexisting IP and adapted for the big screen. One aspect of copyright law that makes adaptations attractive is derivative works. How has this come to be?

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The IPKat

OCTOBER 1, 2022

Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyright law. As in the U.S.,

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The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

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LexBlog IP

APRIL 23, 2023

Read Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence published on March 16, 2023 via the Federal Register or our summary below. copyright law, only works created by human authors are eligible for copyright protection. Authorship and Human Contribution A.

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Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. First of all, in terms of copyright, to reiterate our very clearly articulated position. copyright law really doesn’t seem to give UMG a ton of options. year over year to $2.71

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Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. Transformative use” is not mentioned in Section 107 of the Copyright Act but has been read into the first of four fair use factors. Case 1- Doe 1 v. GitHub Inc.,

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The IPKat

NOVEMBER 15, 2023

This Kat was very happy to participate in the AI & Creativity: Protecting Creators in the Age of AI Panel which took place as part of the AI Fringe event on Friday, 3 November 2023 at the Knowledge Centre of the British Library, London. Mr Blackmore also raised the issue of copyright protection of AI created works.

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BYU Copyright Blog

OCTOBER 7, 2024

On June 1, 2020, the Publishers sued IA and five other defendants in the Southern District of New York for copyright infringement involving 127 books that had been scanned and made available to the public through IAs Open Library project under a theory of controlled digital lending.

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IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. OpenAI, Inc.

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Kluwer Copyright Blog

AUGUST 13, 2023

In the UK the High Court of Justice of England and Wales is dealing with a copyright case between Getty Images (US) Inc. case number IL-2023-000007). The US Copyright class action against OpenAI ( Tremblay P. 35 quoting OpenAI’s paper introducing GPT-4 dated March 2023). and others v. Stability Al Ltd. and Awad M.

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Kluwer Copyright Blog

JANUARY 16, 2024

The plaintiffs’ factual allegations in Kadrey v Meta and Chabon v Meta The first class action, Kadrey v Meta ( here ), was filed on 7 July 2023, in U.S. The second class action, Chabon v Meta, was filed on 12 September 2023 before the same court ( here ). Vicarious Copyright Infringement (17 U.S.C. §

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IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. 2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023.

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Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Technology & Marketing Law Blog

JUNE 20, 2023

21-869 (May 18, 2023). To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No.

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LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). ” (S. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. 1258, (2023). See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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The IPKat

SEPTEMBER 14, 2023

In his Opinion, however, Advocate General (AG) Cruz Villalón indicated that the notions of parody, caricature and pastiche ‘have the same effect of derogating from the copyright of the author of the original work which, in one way or another, is present in the – so to speak – derived work.’

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Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. Prompts are like computer code, can be considered literary works because they consist of written instructions or commands.

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Kluwer Copyright Blog

JUNE 7, 2023

Ginsburg’s lecture took place on 3 May 2023. Manges Lecture at Columbia Law School titled “The Author as Risk-Sharer”. 2:22-cv-800-BJR, 2023 WL 1068513, at *5 n.9 27, 2023): “ We may revise these terms from time to time by posting a revised version. Jane Ginsburg’s lecture – “Author as Revenue Sharer” Prof.

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LexBlog IP

OCTOBER 26, 2023

Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement by OpenAI—and arguing that “substantial similarity” is irrelevant because OpenAI copied their works wholesale, without permission, in order to make ChatGPT work.

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Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

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Technology & Marketing Law Blog

JUNE 17, 2023

2023 WL 3449131 at *1 (N.D. May 11, 2023). As of May 2023, GitHub has updated this provision on its website to explicitly read “any code, text, … documents, or other files”). Plaintiffs alleged that Defendants reproduced code as output without attribution, copyright notice, or license terms. GitHub, Inc.

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IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. It does demand, however, that no part of the work be plagiarised. It must be the author’s original work. can have copyright. 1] [1916] 2 Ch 601. [2]

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The IP Law Blog

JUNE 15, 2023

On June 7, 2023, the Ninth Circuit issued its opinion in VHT, Inc. The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to … the Copyright Act is a mixed question of law and fact.” Zillow Group, Inc.,

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SpicyIP

NOVEMBER 16, 2023

Despite SC orders (for eg here ) that courts should be extremely cautious while granting ex-parte interim injunctions, it appears that the original injunction was granted without asking for any evidence to show it is unique in the market, or without even specifying what exactly the claimed copyright in the GUI covers!

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LexBlog IP

AUGUST 23, 2023

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger , or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules , US copyright law is currently going a little “bananas.” Morford , at 11. ” Id. Google] , 804 F.3d

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Under the 1976 Copyright Act, copyright subsists automatically in any “original work of authorship” that is “fixed in any tangible medium of expression.” [ 17 U.S.C. Complaint ¶ 64] In the alternative, Trump pleads that he owns the copyright only in his responses to Woodward’s questions. Simon & Schuster, Inc.

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LexBlog IP

JANUARY 10, 2024

On December 6, 2023, Bob Woodward and other defendants moved to dismiss claims brought against them by former President Donald J. Before the second amendment, President Trump received a copyright registration covering the work, despite an early registration being recorded in Woodward’s favor. What did those papers say?

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